How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26821
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

If in the judgment for divorce the judge orders that the ex

Customer Question

If in the judgment for divorce the judge orders that the ex husbands 457B has to be cashed out within a set period of time say 3 months and it is not happening because both lawyers for both sides keep making mistakes on the quadro form even though the ex husbands lawyer was supposed to be doing the paperwork for it since it is the ex husbands 457B. Also the ex wife cannot ask any questions of the nationwide ins co that handles the 457B because it is in his name even though she has to keep paying all the bills since they are in her name even though they were charged by mostly the ex husband. WE ARE TALKING $28,000.00. My daughter has been told again today that there is a glitch in the quadro form but they wont tell her what and it has been 6 months now since the judgement. Can she speak to the Judge herself or does she need a lawyer to get this enforced. She cant afford to keep making these minimum payments and her ex will not help her even though he is supposed to.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

A person isn't allowed to speak to a judge about a case if they have a lawyer without going through the lawyer.

In addition, no one can call and speak personally with a judge about a specific case. That is what is known as an ex parte proceeding and is specifically forbidden by the rules. Matters can only be discussed in a case in the courtroom with all parties present. There would have to be some kind of motion filed and a hearing set.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26821
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Even though the lawyer is not following the judgment of the judge?Can they drag their feet like this when my daughters credit is at stake and her ex can just laugh and get away with not having to pay anything. Doesnt what the judge rules enforceable? Can they decide they are not going to give her the money out of the 457B even though it was the ruling of the court?

Expert:  Dwayne B. replied 1 year ago.
Even though the lawyer is not following the judgment of the judge?

So you mean her lawyer or his?

Can they drag their feet like this...?

Since the order set a specific period of time by which it must be done she can have her lawyer file a Motion for Contempt but they will have a defense if they have tried to do the QDRO and it is rejected by the plan administrator. I know from experience that often the order is correct but it just doesn't look the way the plan administrator wants it to look and so they reject it. The best thing for the lawyers to do is get a copy of one from the plan administrator that they have approved and use it as a guide.

Can they decide they are not going to give her the money out of the 457B even though it was the ruling of the court?

Absolutely not.
Customer: replied 1 year ago.

this is now the fifth time that the QDRO has been rejected and needs revision. You would think that by now someone would get it right. I am glad it has to be honored but in the meantime my daughter is losing faith in her lawyer and her ex husbands that they can get this done. Thank you so much for answering these questions. We did not know where to go to get these answers. I am glad that they do have to honor the ruling but it is sad that it has to take this long. Thanks again.

Expert:  Dwayne B. replied 1 year ago.
You're very welcome and you are absolutely right. This reflects badly on the whole legal system.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.